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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2019-07-01 and last amended on 2019-06-17. Previous Versions

PART 1Application and Interpretation (continued)

Interpretation (continued)

Marginal note:General principle

 These Rules shall be interpreted and applied so as to secure the just, most expeditious and least expensive determination of every proceeding on its merits.

Marginal note:Matters not provided for

 On motion, the Court may provide for any procedural matter not provided for in these Rules or in an Act of Parliament by analogy to these Rules or by reference to the practice of the superior court of the province to which the subject-matter of the proceeding most closely relates.

Marginal note:Forms

 Where these Rules require that a form be used, the form may incorporate any variations that the circumstances require.

Computation, Extension and Abridgement of Time

Marginal note:Interpretation Act

  •  (1) Subject to subsections (2) and (3), the computation of time under these Rules, or under an order of the Court, is governed by sections 26 to 30 of the Interpretation Act.

  • Marginal note:Period of less than seven days

    (2) Where a period of less than seven days is provided for in these Rules or fixed by an order of the Court, a day that is a holiday shall not be included in computing the period.

  • Marginal note:Christmas recess

    (3) Unless otherwise directed by the Court, a day that falls within the Christmas recess shall not be included in the computation of time under these Rules for filing, amending or serving a document.

Marginal note:Extension by consent

  •  (1) Subject to subsections (2) and (3), a period provided by these Rules may be extended once by filing the consent in writing of all parties.

  • Marginal note:Limitation

    (2) An extension of a period under subsection (1) shall not exceed one half of the period sought to be extended.

  • Marginal note:Exception

    (3) No extension may be made on consent of the parties in respect of a period fixed by an order of the Court or under subsection 203(1), 304(1) or 339(1).

Marginal note:Extension or abridgement

  •  (1) On motion, the Court may extend or abridge a period provided by these Rules or fixed by an order.

  • Marginal note:When motion may be brought

    (2) A motion for an extension of time may be brought before or after the end of the period sought to be extended.

  • Marginal note:Motions for extension in Court of Appeal

    (3) Unless the Court directs otherwise, a motion to the Federal Court of Appeal for an extension of time shall be brought in accordance with rule 369.

  • SOR/2004-283, s. 32

PART 2Administration of the Court

Officers of the Court

 [Repealed, SOR/2004-283, s. 4]

Marginal note:Court registrars

  •  (1) The Administrator shall arrange that there be in attendance at every sitting of the Court a duly qualified person to act as court registrar for the sitting, who shall, subject to the direction of the Court,

    • (a) make all arrangements necessary to conduct the sitting in an orderly, efficient and dignified manner;

    • (b) keep a record of every material event that transpires during the sitting;

    • (c) keep and be responsible for all books and records of the Court used at the sitting; and

    • (d) keep and be responsible for all exhibits filed during the sitting and mark them, record them and indicate by whom they were filed.

  • Marginal note:Other officers of the Court

    (2) The Administrator shall arrange for the attendance at every sitting of the Court of all persons who are necessary for the proper conduct of the Court at the sitting.

  • SOR/2002-417, s. 2

Court Seals

Marginal note:Court seals

  •  (1) The seal of each court — the Federal Court of Appeal and the Federal Court — shall be approved by its Chief Justice and shall be kept in the principal office.

  • Marginal note:Facsimiles of seal

    (2) The Chief Justice of each court may authorize one or more facsimiles of the seal of their court to be kept at the Registry.

  • SOR/2004-283, s. 5

Registry

Marginal note:Registry functions

 Registry functions may be performed by an officer of the Registry at any place and at any time.

 [Repealed, SOR/2013-18, s. 1]

Marginal note:Recommendation boxes

 To provide the public with an opportunity to make comments regarding the administration or rules of the Court, two small locked boxes — one for the Federal Court of Appeal and one for the Federal Court — shall be maintained in every office of the Registry, located and constructed so that members of the public can conveniently insert envelopes into them and identified by a sign indicating

  • (a) “RECOMMENDATIONS FOR THE FEDERAL COURT OF APPEAL” or “RECOMMENDATIONS FOR THE FEDERAL COURT”, as the case may be;

  • (b) that recommendations are invited for amendments to the Federal Courts Rules and improvements in the administration of the Court; and

  • (c) that every recommendation will be sent unopened directly to the Chief Justice of the court in question.

  • SOR/2004-283, s. 6

Marginal note:Principal office and local offices

 The principal office is located in Ottawa and local offices are located in Calgary, Charlottetown, Edmonton, Fredericton, Halifax, Iqaluit, Montreal, Quebec City, Regina, Saint John, Saskatoon, St. John’s, Toronto, Vancouver, Whitehorse, Winnipeg and Yellowknife.

  • SOR/2006-219, s. 1

Marginal note:Requests and requisitions

 A request or requisition to the Administrator under these Rules shall be made in Form 18.

Fees

Marginal note:Registry fees

 A party shall pay to the Registry for a service or procedure set out in Tariff A the fees set out in that Tariff.

Marginal note:Sheriff’s fees

  •  (1) Subject to subsection (2), a sheriff is entitled to the fees for service and disbursements set out in Tariff A.

  • Marginal note:Modification by Court

    (2) On motion, the Court may increase or decrease the fee payable to a sheriff on execution.

Court Records

Marginal note:Records

 The Administrator shall keep all records necessary for documenting the proceedings of the Court and enter in them all orders, directions, foreign judgments ordered to be registered, pleadings and other documents filed in a proceeding.

  • SOR/2015-21, s. 2

Marginal note:Caveat register

  •  (1) The Administrator shall keep in the Registry a caveat register, in which all caveats, withdrawals of caveats and orders affecting caveats shall be entered.

  • Marginal note:Entry of caveat

    (2) On the filing of a caveat under subsection 493(1), (2) or (3), the Administrator shall enter the caveat in the caveat register.

Marginal note:Court file

  •  (1) For each proceeding of the Court, the Administrator shall keep a file that is composed of the following documents, each marked with its date and time of filing, and that is organized by order of filing:

    • (a) every document filed under these Rules, an order of the Court or an Act of Parliament, other than affidavits or other material filed in support of a motion or as evidence at trial;

    • (b) all correspondence between a party and the Registry;

    • (c) all orders;

    • (d) copies of all writs issued in the proceeding; and

    • (e) such other documents relating to the proceeding as the Court may direct.

  • Marginal note:Annexes

    (2) The Administrator shall keep an annex to each Court file that is comprised of

    • (a) all affidavits;

    • (b) all exhibits; and

    • (c) all other documents and material in the possession of the Court or the Registry that are not required by these Rules to be kept in the Court file.

  • SOR/2015-21, s. 3
 
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